R v Zegura [2006] NSWCCA 230

New South Wales Court of Criminal Appeal

CITATION: R v Zegura [2006] NSWCCA 230

HEARING DATE(S): 28/07/2006

JUDGMENT DATE: 3 August 2006

JUDGMENT OF: McClellan CJ at CL at 1; Kirby J at 2; Hoeben J at 3

DECISION: Appeal allowed. Applicant re-sentenced.

CATCHWORDS: Sentence appeal - Crown appeal - need to give reasons for departing from standard non-parole period s54B(4) Crimes (Sentencing Procedure) Act 1999 - discretion of sentencing judge in determining what is a mid-range offence - inadequate accumulation - restraint to be exercised in Crown appeal.

Crimes Act 1900 LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 Prevention of Cruelty to Animals Act, 1979

R v Mills [2005] NSWCCA 175 at [49] CASES CITED: R v Walker [2005] NSWCCA 109 R v Way (2004) 60 NSWLR 168

PARTIES: Crown - Applicant Anto Zegura - Respondent

FILE NUMBER(S): CCA 2006/540

COUNSEL: Ms J Girdham - Applicant Crown Mr C Craigie SC - Respondent

SOLICITORS: S Kavanagh, Solicitor for Public Prosecutions - Applicant Crown Steve O'Connor, Solicitor for the Legal Aid Commission of NSW - Respondent

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): 04/11/0098

LOWER COURT JUDICIAL OFFICER: Hosking DCJ

LOWER COURT DATE OF DECISION: 16/12/2005

IN THE COURT OF CRIMINAL APPEAL 2006/540

McCLELLAN CJ at CL KIRBY J HOEBEN J

Thursday, 3 August, 2006 REGINA v Anto ZEGURA JUDGMENT 1 McCLELLAN CJ at CL: I agree with Hoeben J. 2 KIRBY J: I agree with Hoeben J. 3 HOEBEN J: Offences and sentences On 16 December 2005 the respondent was sentenced by Judge Hosking SC in respect of the following offences: Indictment 1 - That on 17 March 2003 at Peakhurst the respondent did wound Angela Blake with intent to murder her, contrary to s27 of the Crimes Act (1900) (maximum penalty imprisonment for 25 years, standard non-parole period 10 years).